Allowed

Mukesh Kumar S/O Girdhari Lal B/C Jat v. State of Rajasthan

Rajasthan HC9 Nov 2020CRLMB/2189/2020

Case brief

AI extract

What is this about?

This short order grants bail to two accused persons charged under the NDPS Act. The court noted allegations regarding procedural flaws in the seizure and arrest process but did not elaborate on them. Bail was allowed upon furnishing a personal bond and two sureties.

What did the court decide?

Bail granted with personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.

Mukesh Kumar S/O Girdhari Lal B/C Jat Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 2189/2020

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Mukesh Kumar S/o Girdhari Lal, Aged About 20 Years, R/o Khhinchdo Ki Dhani Ps Balara Dist. Sikar (At Present Confined At Jail Jhunjhunu)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 9574/2020

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Ashok Kumar S/o Shivpal Singh, Aged About 40 Years, R/o Harsawa Bada Ps Sadar Fatehpur Dist. Sikar Raj. (At Present Confined In Dist. Jail Jhunjhunu)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Anil Kumar Upman, through VC Mr. Rajveer Singh Gurjar, through VC For State : Mr. Sher Singh Mahla, PP

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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09/11/2020

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Petitioners have filed these bail applications under Section 439 of Cr.P.C.

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F.I.R. No. 77/2019 was registered at Police Station Malsisar, District Jhunjhunu for offence under Sections 8/15, 29 of NDPS Act.

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(2 of 3) [CRLMB-2189/2020]

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It is contended by counsel for the petitioner that petitioner was shown to be a co-passenger in the vehicle. Petitioner was taken in custody at around 11:00 am, for which petitioners have moved the Court for call details of police as well as search and seizure party. It is also contended that seizure memo was prepared at 9-10 pm i.e. after sunset and before sunrise. Reasons for search and seizure were not noted. It is also contended that arrest memo has been prepared at 8.30 pm prior to the search and seizure and in the arrest memo, it is mentioned that 300 kg poppy husk has been recovered. It is also contended that as per inventory report, the contraband weighed 272 kg which is around 28 kg less than that which was seized. It is also contended that before the search, third option of getting the search made by the Search Officer was also given to the accused which is in violation of provisions of the Act. It is also contended that petitioners do not have criminal antecedents and are young boys who were preparing for the constable examination.

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Learned Public Prosecutor has opposed these bail applications.

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I have considered the contentions.

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Considering the contentions put forth by counsel for the petitioners, I deem it proper to allow these bail applications.

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These bail applications are accordingly allowed and it is directed that accused petitioners shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the

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(3 of 3) [CRLMB-2189/2020]

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satisfaction of the learned trial court with the stipulation that they shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

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However, It is made clear that if the petitioners repeat the offence, State would be free to move these bail applications for cancellation of bail before the concerned Court.

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A copy of this order be placed in connected file.

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(PANKAJ BHANDARI),J

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NIKHIL KR. YADAV /4-5

Mukesh Kumar S/O Girdhari Lal B/C Jat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mukesh Kumar S/O Girdhari Lal B/C Jat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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